Presenting a live 90 ‐ minute webinar with interactive Q&A Child Custody Jurisdiction Under the UCCJEA: Navigating the Complexities Determining Where to Initiate or Maintain a Custody Action and Leveraging Enforcement or Modification Remedies WEDNES DAY, OCTOBER 19, 2011 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific T d Today’s faculty features: ’ f l f Valerie D. Arnold, S hareholder, Arnold Rodman & Pletcher , Bloomington, Minn. hareholder, Arnold Rodman & Pletcher , Bloomington, Minn. Lisa A. Pletcher, S John T . Kelleher, Kelleher & Kelleher, Las Vegas The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
Conference Materials If you have not printed the conference materials for this program, please complete the following steps: • Click on the + sign next to “ Conference Materials” in the middle of the left- hand column on your screen hand column on your screen. • Click on the tab labeled “ Handouts” that appears, and there you will see a PDF of the slides for today's program. • Double click on the PDF and a separate page will open. Double click on the PDF and a separate page will open. • Print the slides by clicking on the printer icon.
Continuing Education Credits FOR LIVE EVENT ONLY For CLE purposes, please let us know how many people are listening at your location by completing each of the following steps: • Close the notification box • In the chat box, type (1) your company name and (2) the number of attendees at your location • Click the S END button beside the box
Tips for Optimal Quality S S ound Quality d Q lit If you are listening via your computer speakers, please note that the quality of your sound will vary depending on the speed and quality of your internet connection. If the sound quality is not satisfactory and you are listening via your computer speakers, you may listen via the phone: dial 1-866-871-8924 and enter your PIN when prompted Otherwise please send us a chat or e mail when prompted. Otherwise, please send us a chat or e-mail sound@ straffordpub.com immediately so we can address the problem. If you dialed in and have any difficulties during the call, press *0 for assistance. Viewing Qualit y To maximize your screen, press the F11 key on your keyboard. To exit full screen, press the F11 key again press the F11 key again.
Child Custody Jurisdiction Child Custody Jurisdiction Under the UCCJEA: N Navigating the Complexities i ti th C l iti Presentation by: Valerie y Arnold, Lisa Pletcher and John Kelleher Materials prepared by: Valerie Arnold, Esq.
Jurisdiction and Enforcement Where should you file for an initial custody or parenting time determination Where should you file to modify custody or parenting time Where should you file to modify custody or parenting time Whether an existing custody or parenting time order is enforceable Mechanisms for enforcement of valid custody and parenting time orders 6
Types of Proceedings Types of Proceedings (UCCJEA.102) legal custody, physical custody, visitation permanent, temporary, initial, modification pe a e t, te po a y, t a , od cat o Divorce, separation, neglect, abuse, dependency, guardianship paternity TPR protection from guardianship, paternity, TPR, protection from domestic violence Does not include child support, juvenile D t i l d hild t j il delinquency, contractual emancipation, or enforcement proceedings under UCCJEA 301 et al enforcement proceedings under UCCJEA.301 et al, or adoption 7
Important Terms Child custody determination: judgment, decree, or order providing for legal custody, physical custody, or visitation with respect to a child (includes permanent temporary with respect to a child (includes permanent, temporary, initial and modification) Commencement: the filing of the first pleading in a Commencement: the filing of the first pleading in a proceeding Home state: where child lived with a parent for at least 6 p consecutive months prior to the commencement of the proceeding Initial determination: first child custody determination concerning a child 8
Important Terms cont. Person acting as a parent: has physical custody of the child or has had physical custody for a period of six consecutive months, within one year immediately before the commencement of the proceeding State: U.S., District of Columbia, Puerto Rico, U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the U S (See UCCJEA 105 state “ shall treat jurisdiction of the U.S. (See UCCJEA.105 state shall treat foreign country as if it were a state ” for purposes of UCCJEA.101 to UCCJEA.210) Tribe: Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state Warrant: order issued by a court authorizing law enforcement W t d i d b t th i i l f t officers to take physical custody of a child 9
General Principles Clarity in determining which court has jurisdiction to make a custody determination; Clarity in determining which court orders are entitled to be Clarity in determining which court orders are entitled to be enforced; Deterring parental child abductions • Interstate respect of custody determinations • Better certainty of outcomes • Efficient and cost-effective enforcement remedies 10
Applicable Law Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) 49 states DC Guam and U S Virgin Islands 49 states, DC, Guam and U.S. Virgin Islands 2011 Introductions – Massachusetts Parental Kidnapping and Prevention Act as amended by the Parental Kidnapping and Prevention Act as amended by the Visitation Rights Enforcement Act (PKPA) Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention) Abd ti (H C ti ) International Child Abductions Remedy Act 11
Jurisdiction Jurisdiction • Subject Matter Jurisdiction • Subject Matter Jurisdiction • Personal Jurisdiction • Long-Arm Jurisdiction over Nonresidents: •Owns, uses, or possesses real or personal property located in the State; •Transacts any business in the state; Transacts any business in the state; •Commits any act in the state causing injury or property damage; •Commits any act outside of the state causing •Commits any act outside of the state causing injury or property damage in the state, subject to some exceptions 12
UCCJEA UCCJEA Jurisdiction in Initial Custody Determinations: Jurisdiction in Initial Custody Determinations: • Home State Jurisdiction • Significant Connection Jurisdiction Significant Connection Jurisdiction • Emergency Jurisdiction • Default Jurisdiction • More Appropriate Forum 13
Required Information Required Information (UCCJEA 209) (UCCJEA 209) (UCCJEA.209) (UCCJEA.209) • Where the child has lived the past 5 years and with whom i h h • Whether party has participate as a party or witness in another custody proceeding y p g • Whether the party is aware of another related proceeding • Whether another party has custody of the • Whether another party has custody of the child or claims rights of custody • Exceptions in cases of domestic abuse 14
Home State Jurisdiction Thi St t i th h This State is the home State of the child on the date of the St t f th hild th d t f th commencement of the proceeding, or was the home State of the child within six months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in the state. in the state. The “ home state ” is defined as the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding commencement of a child custody proceeding. 15
Significant Connection Jurisdiction – The child and the child The child and the child ’ s parents or the s parents, or the child and at least one parent or person acting acting as as parent, parent have have a a significant significant connection with this state other than a mere physical presence; and mere physical presence; and – substantial evidence is available in this state concerning the child ’ s care, t t i th hild ’ protection, training, and personal relationships. l ti hi 16
Emergency Jurisdiction The child is physically present in the state; and and – (1) the child has been abandoned; or – (2) it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. 17
Default (Vacuum) Jurisdiction Default jurisdiction may be asserted where Default jurisdiction may be asserted where no other state could accept jurisdiction under home state significant connection or under home state, significant connection or more appropriate forum jurisdiction, or an eligible eligible state state has has declined declined to to exercise exercise jurisdiction. 18
Recommend
More recommend
